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DA to introduce private member’s bills for establishment of Anti-Corruption Commission


DA MP Glynnis Breyetenbach.

  • The DA will introduce laws to set up a Chapter 9 establishment to examine high-level corruption.
  • They are backed by NPO Accountability Now, which may even suggest a constitutional modification to Parliament.
  • The envisaged Anti-Corruption Commission is not going to usurp the powers of the NPA.

The DA will introduce proposed laws to set up a Chapter 9 establishment to examine high-level corruption instances in each the general public and private sectors.

The DA labored with NPO Accountability Now on the proposal.

Its director, advocate Paul Hoffman, was additionally at Thursday’s on-line briefing the place DA MP and spokesperson on justice Glynnis Breytenbach launched the envisaged private member’s bills to the media together with her chief whip, Natasha Mazzone.

The one private member’s invoice proposes amendments to sections 181, 193 and 194 of the Constitution to set up the brand new Chapter 9 Institution known as the Anti-Corruption Commission.

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The different invoice will govern the capabilities, powers and composition of the fee.

Accountability Now would additionally desk a proposal for establishing a Chapter 9 establishment coping with corruption to Parliament’s Constitutional Review Committee, Hoffman mentioned.

The DA’s proposed fee will do the next:

  • Investigate allegations of high-level corruption.
  • Examine the practices and procedures of public and private our bodies to facilitate the invention of corrupt practices.
  • Receive complaints on the breach of the related codes of ethics by prescribed officers and shall oversee the enforcement thereof.
  • Investigate and advocate to the National Director of Public Prosecutions (NDPP) the prosecution of any acts of corruption or violation of codes of ethics.
  • In the occasion of the NDPP declining to prosecute any investigation referred to the NPA by the fee, it shall be entitled to second its duly certified workers to the NPA to prosecute expenses to their ultimate willpower by the suitable court docket, inside strictly outlined and agreed to parameters, to be contained in laws to be drafted, and in co-operation with the NPA.
  • The fee might refer any suspected offence that comes to its discover within the course of its investigations to any acceptable individual or physique for additional investigation, forfeiture of property, proceedings or prosecution. 
  • The fee may even be mandated to advise public and private our bodies on efficient measures to forestall corruption; educate the general public and lift consciousness on the hazards of corruption; and, relying on its findings, make the required suggestions to the suitable authority.

According to a press release from Breytenbach, the principle goal of the proposed fee can be to examine, amongst different capabilities, high-level corruption instances.

“This independent institution is long overdue, as the Directorate of Priority Crime Investigation [Hawks] is not sufficiently independent and the National Prosecuting Authority [NPA] is currently besieged by systemic challenges,” learn her assertion.

“The establishment of an Anti-Corruption Commission will particularly remove a large burden on the NPA, allowing them to concentrate on their core function of prosecuting crime, as the commission will concentrate on a strictly defined and legislated space, dealing only with large-scale grand corruption.


“This will present a faster, extra environment friendly and efficient technique of coping with the sort of grand-scale corruption we see each day, however which can’t be handled successfully inside present current and overburdened buildings.”

She said at the briefing the idea was not to usurp the powers of the NPA or work in opposition to the police, as the NPA and police’s input would be obtained.

“We try to discover a method to streamline the investigation and prosecution of critical, grand-scale corruption that lightens the burden on the NPA.”

Breytenbach added the fee they envisaged can be a standalone workplace with the identical independence because the Office of the Public Protector that answered solely to the courts to forestall political interference.

The laws remains to be within the drafting stage, and in accordance to her, Parliament’s authorized companies had been useful on this regard, saying it was, due to this fact, as but not doable to say when it could be launched to Parliament.

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